New---after 28 Days - Maybe No Aq!!!!!!!

[nettyg]

what envelopes?

 

crush.. where u bin!!! lol

 

on the forum.. there's coloured envelopes everywhere - where peeps threads start lol

[lateralus]

on the forum list - used to just be an open envelope - meaning new post or a closed one - meaning you've already read it - two days ago these mysterious yellow and orange ones showed up. it's very distracting - harder to see if you've read them or not -

at first i thought it was those i'd posted a lot on - but that's not strictly true- maybe you don't post enough c rush to get them because i've posted a lot on some threads. so - you don't have any yellow/orange envelopes - anybody else - maybe someone is trying to tell me something!

[lateralus]

oh, thank god, nets, you've seen them too - was thinking i was hallucinating - too much brandy in MY cocoa.

[HSBCrusher]

Ah, I noticed those envelopes, I have red and yellow ones too. ;-)

I have not been around for a day or two (I'll tell you all about it one day), but now I'm back!

[Castlebest]

I only look in brown envelopes people pass me surreptitiously... unfortunately it’s never cash, bloody bailiffs

As for the £100 fee, they are not going to throw any cases out when they can make £100 by just asking for it. As crusher says these changes are new to everyone, I suspect the local court staff just forgot to ask because it used to be done by Northampton. I think they will probably give you 14 days from when they ask for it.

Don’t forget, at the end of the day in our modern autocratic society the courts are a business too and are responsible to a bean counter somewhere (apologies to all bean counters).

pete

 

 

[lateralus]

to those still sane (and freakyleaky as well - lol)

anglianwaterboy has just posted this:

AQ dispensed with, which is great.......but there is a line on the order that says "an allocation fee MAY be payable in this instance. Please conatct the court of transfer for further details".

 

so, asked and answered - ring the local court.

[freakyleaky]

Hi lat, yes still sane, just. Can I just point out that it did not have this line on court paperwork on mine so it may be only certain courts that are charging the fee.

[Bookworm]

No.

 

The allocation fee is payable even if the allocation takes place without allocation questionnaires. The fee is payable within 14 days after the despatch of the notice of allocation to track (County Courts Fees Order 1999 Schedule 1).

[ladymuck]

Hi all, was getting a little confused, about the £100.00 payment!!!!

 

My case was passed to Walsall on the 17/04/07, and from the posts in the thread I thought I would need send a cheque to the court before 01/05/07 (bearing in mind I have heard nothing as yet from Walsall County Court)!

 

I rang the court and asked! It turns out that Walsall have been instructed to send out AQ with their instructions (each court will differ), mine was sent yesterday, so that gives me till the 14/05/07 to complete, return and send my payment!

 

If in doubt ask, the court clerks/assistants may be fed up with us, but they are never anything but pleasant, its worth it for peace of mind.

 

Regards

 

Lady

[lateralus]

thanks for the lady, and in case you need it - here's the aq info:

 

 

aq info:

Allocation Questionnaires - A guide to completion

this is your step by step completion guide -and here is:New strategy for Allocation Questionaires

and here is how to use it:

for section g of the n149 (section h on the n150), use the wording in blue on post #3 of new strategy link, and then attach draft order for directions - use wording on post #2 of new strategy link(the bit in blue) making sure to add your name and court claim number to all pages. simple as that. just follow the steps with these two minor additions. the draft order is just asking the judge to order both parties to lay out their wares within 14 days of him ordering it - so it shortens the length of the time to a court date - and as dg/hsbc/all banks don't want to do it - they will pay up by offer or just not file their aq in which case you also win.

 

on, the other front - of this two pronged thing - have you sent dg a breakdown of your charges - it is advisable to do that, as they always ask for one before they offer anything - so it saves a couple of days.

and unless your claim is for under 1500 and wouldn't incur the filing fee of 100, i suggest leaving it until the aq is nearly due before filing it - as dg have been coming in with offers just before the due date in several cases.

[lateralus]

with apologies to quirky for pinching this from him - i simply think more will see it on this thread -

TO THOSE OF YOU WHO DOUBT WHAT WE HAVE BEEN SAYING - TAKE 3 MINUTES TO READ THIS LINK:

BBC NEWS | Business | Judge attacks 'time-wasting' bank

 

77 CASES!!!!!!!!!

 

ALL YOU TREMBLING SOULS - LOOKING AT POSSIBLE COURT TIME - PLEASE READ IT!!!!!

 

AND TO THAT END I AM WRITING ANOTHER NUDGE SAMPLE WHICH I WILL PUT IN POST 1 SHORTLY.

[lateralus]

OK, HERE'S A ROUGH DRAFT OF ANOTHER NUDGE -

this should be used when the aq is dispensed with and you already nudged at least once.

 

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

 

Re: XXXXX - v - HSBC

account no,

claim no and filing date.

 

 

 

I am writing you today in a further effort to ask you to consider my claim. I am most disappointed that you have not even acknowledged my previous correspondence.

 

I have been notified that the Allocation Questionnaire is being dispensed with in this case and that it has been transferred to whatever county court. I have written to you in the past, asking for you to consider my claim and reply to me. I have heard nothing. Were this to come before a judge, it is obvious who is making any and all attempts at resolution.

It is my feeling that you seem to have no intention of defending this claim in court and are simply procrastinating.

 

I am mindful of the vast number of claims with which you are currently dealing. In order to more speedily resolve this matter, I am willing to accept the sum of £xxxx as full and final settlement of this particular claim..(rounded down to nearest pound and including your total claim including aq fee ). (Plus daily rate if applicable and you included it in your claim. Ie. accept the sum of £xxxx plus £x.xx per day from the date I filed the claim until the date it is resolved) I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

 

Please find enclosed another copy of my schedule of charges relating to this claim.

 

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. I am sure that the courts would whole heartedly approve of our settling this matter in a timely manner and without their further intervention. I look forward to hearing from you.

 

Sincerely,

 

 

 

a note here peeps - i'm just doing this off the top of my head and with absolutely no legal background - feel free to use some personal details/thoughts in these letters - - it isn't meant to be a template -- use the phrases you've picked up from court letters, other posts, etc.

you can always run it by the forum to see what peeps think if in doubt.

i'd encourage a little freedom of expression so they aren't looking at exactly the same thing all day.

 

 

 

ANY COMMENTS BEFORE I PUT IT ONTO POST 1?

[freakyleaky]

Thanks lat, that seems fine to me. It is just a re-jig of previous nudges but it's better than sending identical letters each time.

I will do a draft and post it to see what peeps think.

[adamc6671]

Hi Lateralus - Have just read the BBC story (as in post 312). Great news, but I do see one problem with it. The Judge only awarded 5 hours of time for prep work, which is far less than the time actually taken, and far less than most banks have been agreeing to pay for an 'out of Court' settlement. The banks will, presumably, use that as a precedent, so we could well loose out!

[lateralus]

we've never asked for any costs anyway - to me, the point of the story is the 77 cases which were ALL resolved before it got to court.

don't bother with prep charges - they don't apply in small claims - at least we've never bothered with them -

getting the charges repaid is the biggie!

[freakyleaky]

Thinking of sending this as my 3rd nudge letter. Any thoughts?

 

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

 

Re: XXXXX - v - HSBC

account no,

claim no and filing date.

 

 

 

I am writing you today in a further effort to ask you to consider my claim. I am most disappointed that you have not even acknowledged my previous correspondence.

 

I have filed my claim on xx/xx/xx. You have defended it at the last possible moment.

I have been notified that the Allocation Questionnaire is being dispensed with in this case and that it has been transferred to Mold County Courtwith the hearing to be held on 20th June. I have written to you twice in the past, asking for you to consider my claim and reply to me. I have heard nothing. Were this to come before a judge, it would be obvious who has made any attempts at resolution.

It is my feeling that you seem to have no intention of defending this claim in court and are simply procrastinating dealing with my claim.

 

 

I am mindful of the vast number of claims with which you are currently dealing. In order to more speedily resolve this matter, I am willing to accept the sum of £xxxx. I am willing to leave out the amount of £0.50 per day from the date I filed filed the claim if you resolve this claim within 14 days of receiving this letter. I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

 

Please find enclosed another copy of my schedule of charges relating to this claim.

 

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. I am sure that the courts would whole heartedly approve of our settling this matter in a timely manner and without their further intervention. I look forward to hearing from you.

 

Sincerely,

Freakyleaky

[givememymoney]

A few typos in red below. I would leave out the bits in blue. Additonal bits in green!

 

Thinking of sending this as my 3rd nudge letter. Any thoughts?

 

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

 

Re: XXXXX - v - HSBC

account no,

claim no and filing date.

 

 

 

I am writing you today in a further effort to ask you to consider my claim. I am most disappointed that you have not even acknowledged my previous correspondence.

 

I have filed my claim on xx/xx/xx. You have defended it at the last possible moment.

I have been notified that the Allocation Questionnaire is being dispensed with in this case and that it has been transferred to Mold County Courtwith the hearing to be held on 20th June. I have written to you twice in the past, asking for you to consider my claim and reply to me. I have heard nothing. Were this to come before a judge, it would be obvious who has made any attempts at resolution.

It is my feeling that you seem to have no intention of defending this claim in court and are simply procrastinating dealing with my claim.

 

 

I am mindful of the vast number of claims with which you are currently dealing. In order to more speedily resolve this matter, I am willing to accept the sum of £xxxx as full and final settlement of this particular claim. I am willing to waive the amount of £0.50 per day from the date I filed filed the claim if you resolve this claim within 14 days of receiving this letter. I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

 

Please find enclosed another copy of my schedule of charges relating to this claim.

 

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. I am sure that the courts would whole heartedly approve of our settling this matter in a timely manner and without their further intervention. I look forward to hearing from you.

 

Sincerely,

Freakyleaky

[Castlebest]

Agree with Lattie, it was a measure of how annoyed the District Judge was that he awarded costs at all in the small claims court, this in fact is an addition to what we have been allowed to claim up to this point.

pete

[rhsymonds]

No.

 

The allocation fee is payable even if the allocation takes place without allocation questionnaires. The fee is payable within 14 days after the despatch of the notice of allocation to track (County Courts Fees Order 1999 Schedule 1).

 

Just phoned Worcester Court, and i quote "if you have already been transferred to your local court, and you have a hearing date, there is no need to pay any fee"

 

Id say, Unless you get asked for £100 AQ fee, you are not expected to pay one.

 

Thank god !!!

[sasquash]

Sorry to Hi-jack your thread, but Lat can you please post a link to the original nudge letter plaese x x

[lateralus]

go back to page one of this link -

just above and to the right - click on "first"

 

there are also nudges on post 1 of this link:When you have filed your AQ

 

wording slightly different on each

[sasquash]

Much appreciated!!!

 

Last question: I'm with Lloyds, will it be okay to send this template letter, but changed to my details??

 

Thank you in advance x

[lateralus]

certainly

[russmuss]

Hi - wonder if anyone can help me ? I received the seemingly standard letter saying that AQ would be dispensed with unless ordered by local court and now have letter from the local court ordering that I file 'fully poarticularised particulars of claim' - do I send the normal particulars as would have been on the AQ or do they have to be more detailed ? Sorry if I seem to have lost the plot - I think I'm beginning to !! Thanks for any help.

[oyster11]

Hi

 

russ muss have al look at this it might help No AQ - Straight to PRE TRIAL REVIEW

 

 

Oyster